HomeMy WebLinkAboutSUB202100206 Other 2022-02-25Prepared by:
William D. Tucker, III VSB: 12360
Tucker Griffin Barnes, PC
307 W. Rio Road
Charlottesville, VA22901
Tax Map and Parcel: 06300-00-00-036FO
DECLARATION
THIS DECLARATION is made this day of February, 2022 by Russell L. Miller, Jr.
and Jeanne C. Miller, (the "Declarants").
Pig/"ZIBIS1slI1CIF
WHEREAS, the Declarants are the owner of the property containing 5.06 acres more or
less, known as TMP 06300-00-00-036170, (the "Property") as shown on the plat identified as
"Family Subdivision Plat Parcel B and Parcel B-1 A Division of the Property of Russell L
Miller, Jr. & Jeanne C. Miller Also New Variable Width Private Street Easement Located on
Existing 50' R/W (Orchard Hill Lane) and State Route 610 (Lonesome Mountain Road) Rivanna
Magisterial District, Albemarle County, Virginia", made by Roger W. Ray & Assoc., Inc., a
copy of which plat is attached hereto and recorded herewith (the "Plat").
WHEREAS, the Declarant desires to record the Plat to subdivide the Property into Parcel B
containing 2.90 acres, and the Residue, containing 2.16+/- acres, as more particularly shown on
the Plat as Parcel 13-1.
WHEREAS, such subdivision has been approved as a family subdivision in accordance
with Section 14-212(a) of the Code of Albemarle County, Virginia, and as a family subdivision
certain restrictions must be imposed upon Parcel B-1 & the Residue, and the Declarant desires to
impose such restrictions.
NOW THEREFORE, the Declarant agrees to and declares the following:
1. The Property is hereby subdivided into Parcel B the Residue as further shown on
the Platas Parcel B-1.
2. Neither Parcel B or the Residue, Parcel 13-1, may be transferred, except by devise,
descent or operation of law, to a person other than an eligible member of the immediate family of
the Declarant, for a period of four (4) years after the date of recordation of the Plat, except for
purposes of securing any purchase money and/or construction loan, including bona fide
refinancing. If either lot created is conveyed back to the grantor during the four (4) year
retention period, it shall be recombined with the parent lot within six (6) months after such
conveyance and no building permits shall be issued for the lots until they are recombined.
WITNESS the following signature and seal.
A (Seal)
Russell L. Miller, Jr.
(Seal)
Jeanne C. Miller
COMMONWEALTH OF VIRGINIA
-CXTY/COUNTY OF _ )L6 mPra4,e to wit;
The foregoing instrument was acknowledged before me this AS, day of 2022
by Russell L. Miller, Jr., and Jeanne C. Miller.
My commission expires:
otary ublic
My commission expires:
Notary Registration number: / 61 �